Strict compliance with PD57AC: lessons from recent case law—Solicitors Journal
Associate Eleanor Firth has contributed an article to Solicitors Journal which explores the consequences of non-compliance with CPR Practice Direction 57AC as evidenced by recent cases.
She explains that while practitioners may feel PD57AC limits their ability to put their client’s best case forward, a failure to comply could jeopardise their case. Indeed, it could result in the court refusing to give or withdrawing permission to rely on part of all of a trial witness statement, as in recent cases such as Blue Manchester Ltd v Bug-Alu Technic GMBH [2021]. She goes on to outline the core requirements of the protocol, which include a Statement of Best Practice, Certification of Compliance and Documentary Evidence – all of which should be adhered to.
As the recent rulings prove, non-compliance with PD57AC can have a significant impact on a trial’s outcome. Familiarity with PD57AC can ensure this is avoided, while litigants and their legal representatives alike must take care to ensure that witness statements strictly adhere to the rules. Failure to do so risks have crucial evidence disregarded, which can be fatal to a party’s case.
Eleanor Firth is an associate in the dispute resolution team. She advises on a wide range of disputes involving businesses, individuals and charities, and has particular experience advising on breach of contract claims and assisting clients with professional negligence claims and civil fraud disputes.
The article is available to view at Solicitors Journal by subscription only.
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